HF 2190

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/15/2021 03:08pm

A bill for an act
relating to health; modifying required frequency of resident reimbursement
classification assessments; funding cost reporting audit activities related to nursing
facility reimbursement; appropriating money to the commissioner of human
services; amending Minnesota Statutes 2020, section 144.0724, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 144.0724, subdivision 4, is amended to read:

Subd. 4.

Resident assessment schedule.

(a) A facility must conduct and electronically
submit to the commissioner of health MDS assessments that conform with the assessment
schedule defined by Code of Federal Regulations, title 42, section 483.20, and published
by the United States Department of Health and Human Services, Centers for Medicare and
Medicaid Services, in the Long Term Care Assessment Instrument User's Manual, version
3.0, and subsequent updates when issued by the Centers for Medicare and Medicaid Services.
The commissioner of health may substitute successor manuals or question and answer
documents published by the United States Department of Health and Human Services,
Centers for Medicare and Medicaid Services, to replace or supplement the current version
of the manual or document.

(b) The assessments used to determine a case mix classification for reimbursement
include the following:

(1) a new admission new text begin comprehensive new text end assessment new text begin , which must have an assessment reference
date (ARD) within 14 calendar days after admission, excluding readmissions new text end ;

(2) an annual new text begin comprehensive new text end assessment new text begin , new text end which must have an assessment reference date
(ARD) within 92 days of deleted text begin the deleted text end new text begin a new text end previous new text begin quarterly review new text end assessment deleted text begin and the deleted text end new text begin or a new text end previous
comprehensive assessment;

(3) a significant change in status new text begin comprehensive new text end assessment new text begin , which new text end must deleted text begin be completed deleted text end new text begin
have an ARD new text end within new text begin :
new text end

new text begin (i) new text end 14 days deleted text begin of the identification of deleted text end new text begin after the facility determines, or should have determined,
that there has been new text end a significant change new text begin in the resident's physical or mental condition new text end , whether
improvement or decline, and regardless of the amount of time since the last deleted text begin significant
change in status deleted text end new text begin comprehensive new text end assessment new text begin or quarterly review assessment new text end ; new text begin and
new text end

new text begin (ii) seven days of all speech, occupational, and physical therapies ending. The last day
on which speech, occupational, and physical therapy was provided is considered day zero
when determining the assessment reference date for this significant change in status
comprehensive assessment;
new text end

(4) deleted text begin all deleted text end new text begin a new text end quarterly deleted text begin assessments deleted text end new text begin review assessment, which new text end must have an assessment
reference date (ARD) within new text begin :
new text end

new text begin (i) new text end 92 days of the ARD of the previous new text begin quarterly review assessment or a previous
comprehensive new text end assessment; new text begin and
new text end

new text begin (ii) 14 days after isolation for an active infectious disease has ended. The last day of
isolation is considered day zero when determining the assessment reference date for this
quarterly assessment;
new text end

(5) any significant correction to a prior comprehensive assessment, if the assessment
being corrected is the current one being used for RUG classification; and

(6) any significant correction to a prior quarterly new text begin review new text end assessment, if the assessment
being corrected is the current one being used for RUG classification.

(c) In addition to the assessments listed in paragraph (b), the assessments used to
determine nursing facility level of care include the following:

(1) preadmission screening completed under section 256.975, subdivisions 7a to 7c, by
the Senior LinkAge Line or other organization under contract with the Minnesota Board on
Aging; and

(2) a nursing facility level of care determination as provided for under section 256B.0911,
subdivision 4e, as part of a face-to-face long-term care consultation assessment completed
under section 256B.0911, by a county, tribe, or managed care organization under contract
with the Department of Human Services.

Sec. 2. new text begin APPROPRIATION; IMPROVED FINANCIAL INTEGRITY OF NURSING
FACILITY RATES AND PAYMENTS.
new text end

new text begin $636,000 in fiscal year 2022 and $636,000 in fiscal year 2023 are appropriated from the
general fund to the commissioner of human services to hire additional auditing staff to
improve financial integrity of nursing facility rates and payments, for auditor travel to
conduct audits, and for investigative software.
new text end